Ok. Recently I was arrested at my place of employment for a criminal charge. Well when the police officer came there and asked me questions I told him "I'm not answering anything. I want my lawyer." When I got down to the precinct I am again questioned by a detective without my lawyer. i feel they pressured me to talk even after i told the officer I want my lawyer. Were my rights violated? If so, that would make the arrest unlawful. The things I told them led to someone elses arrest. Could the other persons arrest and my testimony be thrown out due to the law "fruit of the poisonous tree"?
2007-11-18 23:49:59 · 8 answers · asked by gilmeraaron 1 in Politics & Government ➔ Law & Ethics
No, in this case, you were not under arrest. An officer can ask you questions, even if you say you don't want to answer, if your freedom has not been foreclosed. However, there have been cases whereby the person "believed" he could not leave and thus believed he was in custody. However, generally, no arrest, they can ask.
Now we have your second scene--the precinct. The question is, did you voluntarily go with the officer to the precinct? If you were not arrested and taken into custody, the answer is no, the officers can ask you questions all day long--this is why they don't arrest people at first--they want you to talk.
You are never saying in your fact pattern here whether you were ever arrested.
2007-11-19 04:54:33 · answer #1 · answered by wordtowise 2 · 0⤊ 0⤋
Sorry.
Once you ask for an attorney all questioning about the crime should cease. Your statements, after invoking your right to an attorney, can "not be used against you in a court of law"... but they can be used to implicate others. They can take the info they got from you and hammer the real person. They will crack and confess and then the police will never need to bring up your statements in court at all. No problem.
That's why they grilled you after you requested an attorney. They never planned on charging you, but they knew you had info to drop about the real criminal. they turned up the heat and you cracked and told them the TRUTH.
Why didn't you just tell the truth in the first place? Its all we want. Now the real criminal should pay. Why cover for someone? They committed a crime against someone right? wouldn't you want justice if you were a victim?
2007-11-19 08:18:39 · answer #2 · answered by California Street Cop 6 · 1⤊ 0⤋
As you have been told, your request for an attorney in no way invalidates a third-party arrest on the evidence collected after such attorney statement. That right does not transfer. It is only good for yourself.
Now, since everyone is jumping to the same conclusion, let's be perfectly clear, WERE you arrested and read your Miranda rights or were you simply detained?
2007-11-19 08:55:05 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
Upon being arrested, and advised of your rights under Miranda, you can be questioned. However once you request a lawyer, all questioning is supposed to stop. Any information gotten after that point from you, unless it was also received from another source, cannot be used in court. Your best answer to all of this will come from your attorney.
2007-11-19 08:09:20 · answer #4 · answered by Beau R 7 · 0⤊ 1⤋
They can still question you even after you've asked for a lawyer, it's your choice to stay quiet or not. If you answer, I'm pretty sure it's ok for them to use that info. Maybe there's a lawyer or law student out there who can give you a definitive answer.
2007-11-19 08:01:56 · answer #5 · answered by Rock 2 · 0⤊ 0⤋
The right to remain silent says nothing about your right not to be pressured to break the silence. Technically, they're allowed to do that, as long as they read you your rights.
The only catch is that if they didn't clearly explain that right to you when they arrested you, you could tell them you shoot babies and steal millions of dollars and it couldn't be used as evidence against you, even if it were somehow true.
2007-11-19 07:54:01 · answer #6 · answered by Buying is Voting 7 · 1⤊ 1⤋
Maybe, depending on where you live. In the US, once you ask for attorney, they are not supposed to question you until attorney is present. get an attorney if you want to refute what you already told police.
2007-11-19 07:54:13 · answer #7 · answered by Anonymous · 1⤊ 1⤋
you have the right to remain silent, anything you say can and WILL BE USED AGAINST YOU.....the moose out front should have told you...
2007-11-19 07:59:51 · answer #8 · answered by Anonymous · 2⤊ 1⤋